Statutory Instruments
1993 No. 86

AGRICULTURE
The Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993

Made
15th January 1993

Laid before Parliament
22nd January 1993

Coming into force
13th February 1993

Whereas, as mentioned in section 18(1) of the Agriculture Act 1986(1), it appears to the Minister of Agriculture, Fisheries and Food (“the Minister”) that it is particularly desirable–
(1) to conserve and enhance the natural beauty of the area referred to in article 3 of the following Order;
(2) to conserve the flora and fauna and geological and physiographical features of that area; and
(3) to protect buildings and other objects of historic interest in that area;
And whereas, as mentioned in the said section 18(1), it appears to the Minister that the maintenance or adoption of the agricultural methods specified in Schedule 1 to the following Order is likely to facilitate the aforementioned conservation, enhancement and protection;

Now, therefore, the Minister, in exercise of the powers conferred on him by section 18(1) and (4) of the said Act, and of all other powers enabling him in that behalf, with the consent of the Treasury and after consultation with the Secretary of State, the Countryside Commission and the Nature Conservancy Council for England(2) as to the inclusion of the area referred to in article 3 of the following Order and the features of that area for which conservation, enhancement and protection are desirable, hereby makes the following Order:

Title and commencement

1.  This Order may be cited as the Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993 and shall come into force on 13th February 1993.

Interpretation

2.—(1) In this Order –

“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;

“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Minister;

“downland turf” means grassland other than permanent, ley or intensive grassland situated on undulating chalk hills;

“grassland” means land on which the vegetation consists primarily of grass species;

“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;

“strip” means a strip of land at least 6 metres wide on the edge of a field used for the production of cereal crops;

“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.

(2) Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.

Designation of environmentally sensitive area

3.  There is hereby designated as an environmentally sensitive area the area of land in the South Wessex Downs in the Counties of Dorset, Hampshire and Wiltshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of South Wessex Downs environmentally sensitive area” dated 4th January 1993, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3HX.

Requirements and provisions of agreement

4.  An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.

Breach of requirements or provisions

5.  An agreement shall include provisions that–

(a)in the event of a breach by the farmer of the requirements referred to in article 4, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;

(b)any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950(3) or any statutory modification or re-enactment thereof for the time being in force.

Rates of payment under agreement

6.—(1) Subject to paragraph (2) below, the Minister shall make payments under an agreement for land to which the agreement relates (except any woodland) at the following rates–

(a)£8 per annum for each hectare of land other than permanent grassland or downland turf;

(b)£40 per annum for each hectare of permanent grassland; and

(c)£44 per annum for each hectare of downland turf.

(2) Where an agreement includes the additional provisions set out in one or more of the options contained in Schedule 2 in relation to any land, the Minister shall make payments at the rate per annum for each hectare of that land shown in the following table–

£ per hectare of land per annum

Schedule 2

Option 1
240

Option 2
200

Option 3
60

Option 4
80

(3) Where an agreement includes one or more of the conservation plan operations specified in Schedule 3, the Minister shall also make payments in respect of the aggregate of the operations included in the agreement at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 per agreement.

In witness whereof the Office Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th January 1993.

We consent

Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 1993

Article 4

SCHEDULE 1REQUIREMENTS TO BE INCLUDED IN AGREEMENT

1.  As regards all land which is the subject of an agreement–

(1) the farmer shall maintain field boundaries and shall not remove any, or any part of, walls or hedges. The farmer shall maintain stockproof hedges and walls in a stockproof condition using traditional methods and materials;

(2) within one year of the start of the agreement, the farmer shall where necessary agree in writing with the Minister a programme to keep fence lines free of brambles, thorn and other overgrowth;

(3) the farmer shall not erect any permanent fences without the Minister’s prior written approval;

(4) the farmer shall retain and manage trees, including pollarded willows, in accordance with local custom;

(5) the farmer shall not plant any trees, hedges or woodland, or allow new scrub to become established, without the Minister’s prior written approval;

(6) within 2 years of the start of the agreement, the farmer shall obtain from a person approved by the Minister written advice on the management of woodland, trees, hedges and scrub and on any proposals to plant new woodland;

(7) the farmer shall maintain ditches and streams by mechanical means;

(8) the farmer shall retain and manage ponds and dewponds;

(9) the farmer shall not damage, destroy or remove any feature of archaeological or historic interest;

(10) the farmer shall maintain any weatherproof traditional farm buildings for which he is responsible in a weatherproof condition using traditional methods and materials;

(11) the farmer shall dispose of sheep dip safely and shall not spread it where it may affect areas of nature conservation value;

(12) the farmer shall obtain written advice on siting and materials from the Minister before constructing buildings or roads or before undertaking any other engineering or construction works which do not require prior notification determination by the local planning authority under the Town and Country Planning General Development Order 1988(4), or planning permission;

(13) the farmer shall restrict supplementary feeding of livestock to areas agreed in advance with the Minister;

(14) the farmer shall not graze any land so as to cause poaching, overgrazing or undergrazing and shall graze permanent grassland with livestock and downland turf with cattle or sheep or both.

2.  As regards any permanent grassland which is the subject of an agreement–

(1) the farmer shall maintain permanent grassland and shall not plough, level or reseed;

(2) the farmer shall wilt and turn any grass cut for silage before removal and shall graze the aftermath;

(3) the farmer shall not install any new land drainage system and shall not modify any existing land drainage system so as to bring about improved drainage;

(4) the farmer shall not use fungicides or insecticides;

(5) the farmer shall not apply herbicides except to control nettles, spear thistle, creeping or field thistle, curled dock, broadleaved dock or ragwort or to carry out stump treatment of cleared scrub. Herbicides used for these purposes shall be applied by means of a weed wiper or by spot treatment;

(6) the farmer shall not apply lime, slag or any other substance designed to reduce the acidity of the soil;

(7) the farmer shall not increase existing application rates of inorganic fertiliser and shall not in any event apply more than 90 kilogrammes of nitrogen, 40 kilogrammes of phosphate and 40 kilogrammes of potash per hectare per year. He shall not increase existing application rates of organic fertiliser and shall not in any event apply more than 30 tonnes per hectare in any year.

3.  As regards any downland turf which is the subject of an agreement–

(1) the farmer shall maintain downland turf and shall not plough, level, reseed, chain harrow, roll or otherwise cultivate;

(2) the farmer shall not cut any grass for hay or silage without the Minister’s prior written approval;

(3) the farmer shall not apply any inorganic or organic fertiliser;

(4) the farmer shall observe the requirements of paragraph 2, sub-paragraphs (3), (4), (5) and (6) above.

Article 6(2)

SCHEDULE 2ADDITIONAL PROVISIONS

Option 1—Downland Turf Creation

1.  As regards any land which is the subject of an agreement which is suitable for the creation of downland turf and which on 31st August 1992 was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

(1) the farmer shall cease arable or ley grassland production and shall establish a grassland sward within 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 months from the start of the agreement, the farmer shall not apply–

(a)any organic or inorganic fertiliser,

(b)lime, slag or any other substance designed to reduce the acidity of the soil, or

(c)any fungicide, insecticide or herbicide,

without obtaining the Minister’s prior written approval;

(3) during each of the three years following grassland establishment the farmer shall–

(a)cut the grass for hay or silage between 30th April and 1st July in each year and graze the aftermath, and

(b)cultivate using only a chain harrow or roller.

(4) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 1(1) above, he shall observe the requirements of paragraph 1(14) and paragraph 3(3) and (4) of Schedule 1, and after the expiry of the three-year period referred to in paragraph 1(3) above, he shall also observe the requirements of paragraph 3(1) and (2) of Schedule 1.

Option 2—Permanent Grassland Reversion

2.  As regards any land which is the subject of an agreement which is suitable for reversion to permanent grassland and which on 31st August 1992 was in arable cropping or had been in ley management for less than five years as part of an arable rotation–

(1) the farmer shall cease arable or ley grassland production and shall establish a grassland sward within 12 months of the start of the agreement using seed from species approved by the Minister;

(2) during a period of 12 months from the start of the agreement the farmer shall not apply–

(a)any inorganic or organic fertiliser,

(b)lime, slag or any other substance designed to reduce the acidity of the soil, or

(c)any fungicide, insecticide or herbicide,

without the Minister’s prior written approval.

(3) the farmer shall observe the requirements of paragraph 1(1) to (13) inclusive of Schedule 1 from the start of the agreement. After the expiry of the 12-month period referred to in paragraph 2(1) above, he shall also observe the requirements of paragraph 1(14) of Schedule 1 and paragraph 2 of that Schedule.

Option 3—Conservation Headlands

3.  As regards any strip which is the subject of an agreement–

(1) the farmer shall not apply insecticides except between 31st August in any year and the following 1st January;

(2) the farmer shall not apply herbicides other than–

(a)Tri-allate, diclofop-methyl, difenzoquat, flamprop-M-isopropyl or fenoxapro pethyl;

(b)Glyphosate, provided that it is applied in the pre-harvest period by spot treatment and solely for the control of couch, black bent or onion couch;

(c)Fluroxypyr, provided it is applied by spot treatment and solely for the control of cleavers; or

(d)any other herbicide applied by any method which the Minister may from time to time approve for this purpose;

(3) the farmer may cultivate and apply herbicides to that part of the strip which adjoins a field boundary where it is desirable so to do in order to maintain a sterile area;

(4) the farmer shall not roll the strip from 10th April in any year until after the adjoining cereal crop has been harvested.

Option 4—Permanent Grassland Enhancement

4.  As regards any permanent grassland which is the subject of an agreement–

(1) the farmer shall not use a chain harrow or roller between 31st March and 1st July in any year;

(2) the farmer shall exclude stock at least seven weeks before the first cut for hay or silage;

(3) the farmer shall not apply inorganic or organic fertiliser;

(4) the farmer shall not top or cut the grass before 1st July or after 31st August in any year;

(5) in relation to any grassland which has not been cut for hay or silage, the farmer shall either top one half of that grassland each year, or shall top the whole of the grassland once in every two years;

(6) the farmer shall observe the requirements of Schedule 1, paragraph 1 and Schedule 1, paragraph 2(1) to (6) inclusive.

Article 6(3)

SCHEDULE 3CONSERVATION PLAN OPERATIONS

1.  The provision of fencing and water supplies for livestock where the farmer is establishing new grazing patterns as a result of the provisions of Schedule 2, Option 1 or 2.

2.  The removal of scrub.

3.  The planting, laying or coppicing of hedges.

4.  The renovation of traditional farm buildings using traditional methods and materials.

5.  The restoration of ponds, dewponds or ditches.

6.  Works to protect historic and archaeological features.

Explanatory Note

(This note is not part of the Order)
Section 18 of the Agriculture Act 1986 (“the 1986 Act”) gives the Minister of Agriculture, Fisheries and Food (“the Minister”) power to designate an area in England as an environmentally sensitive area where it appears to him particularly desirable to conserve, protect or enhance environmental features in that area by the maintenance or adoption of particular agricultural methods.
This Order, which complies with Council Regulation (EEC) 2328/91 (OJ No. L218, 6.8.91, p. 1) on improving the efficiency of agricultural structures, designates an area in the South Wessex Downs as an environmentally sensitive area (article 3). The designated area is defined by reference to maps which are available for inspection during normal office hours at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX.
Section 18(3) of the 1986 Act enables the Minister to enter into a management agreement with any person having an interest in agricultural land in a designated area if the Minister considers that conservation of environmental features in that area may thereby be facilitated. The Order specifies requirements as to agricultural practices, methods and operations and the installation or use of equipment which must be included in such an agreement (article 4 and Schedule 1).
The Order also contains provisions for recovery of sums paid under an agreement by the Minister in the event of a breach of the specified requirements, and for the determination by arbitration of any question as to whether a breach of those reqirements has occurred (article 5). The rates of payment to be made by the Minister under an agreement are set out (article 6) including the rates applicable to an agreement which contains additional provisions designed to attract higher rates of payment. These additional provisions are set out in Schedules 2 and 3.


(1)
1986 c. 49. The expression “the Minister” is defined in section 18(11).

(2)
The provisions in section 18 of the Agriculture Act 1986 concerning Nature Conservancy Councils were amended by Part VII of, and Schedule 9 to, the Environmental Protection Act 1990 (c. 43).

(3)
1950 c. 27.

(4)
S.I. 1988/1813. The relevant amending instrument is S.I. 1991/2805.